Section 647.36 - Proposed Decision by Hearing Officer(a) The hearing officer may take the matter under submission at the conclusion of the hearing.(b) The hearing officer shall prepare a proposed decision that is: (2) contains a statement of the factual and legal bases for the decision.(c) If the factual basis for the decision includes a determination based substantially on the credibility of a witness, the decision shall identify any specific evidence of the demeanor, manner or attitude of the witness, or other facts that support the credibility determination.(d) The decision shall be based on evidence in the hearing record and on matters subject to official notice under section 647.31.(e) The Board members or hearing officer may use relevant experience, technical competence and specialized knowledge to evaluate the evidence.(f) The proposed decision shall be submitted to the Executive Officer.Cal. Code Regs. Tit. 2, § 647.36
1. New section filed 8-3-2009; operative 9-2-2009 (Register 2009, No. 32). For prior history, see Register 2008, No. 45. Note: Authority cited: Sections 11400.20, 13920 and 13974, Government Code. Reference: Sections 11425.10(a)(6), 11425.50 and 13959, Government Code.
1. New section filed 8-3-2009; operative 9-2-2009 (Register 2009, No. 32). For prior history, see Register 2008, No. 45.